Assessing Risk

The Management of Health and Safety Work Regulations places a duty on every employer, regardless of size and legal structure, to carry out suitable and sufficient assessment of risks to his employees, and to others and not in his employment, arising from his work activities.

Having completed these, you are then required to take appropriate measures to eliminate or minimise any significant risks that have been identified.

Where significant risks continue to exist you are required to prepare and document suitable and sufficient safe systems of work to ensure that your staff know how to work in a safe and healthy manner

You should note:

  • there is no legal definition of the term 'suitable and sufficient '; the onus is on the employer to demonstrate that risk assessments are suitable and sufficient
  • The MHSW Regulations identifies a hierarchy of principles of protective and preventive measures which must be observed

If you have five employees or more, risk assessments must be documented. If you have four employees or less, you are not required to document these but in the event of an accident or incident you will be still be required to prove that you have carried these out.

Risk assessments are mandatory in a number of areas including:

  • Asbestos
  • Fire Safety
  • Hazardous Substances
  • Work Equipment
  • Manual Handling
  • Personal Protective Equipment
Again, this list is not comprehensive.

You should note that you are permitted to use ' model ' or ' generic ' risk assessments which identify core hazards and risks associated with an activity. However you can only use this type of assessment if you are satisfied that:

  • it applies to your type of activity
  • you adapt it to your own work activities
  • you include any risks and hazards not included in the model
It is unwise to use and rely upon this type of assessment unless you are confident that it meets these three criteria; if you're presently relying on this type of assessment, it is strongly recommended that you view these as a matter of urgency.

Further information is available from tqma and the Health and Safety Executive website.